USPTO Patents Application 09625963

U.S.S.N. 09/625,963
Filed: July 26, 2000

AMENDMENT AND RESPONSE TO OFFICE ACTION

purposes of Appeal, the Examiner indicated that the amendments submitted after final would be
entered.

It is believed that no additional fee is required with this submission. However, should an
additional fee be required, the Commissioner is hereby authorized to charge the fee to Deposit
Account No. 50-1868.

In the Claims

1. (Four times amended) A peptide having at least [8] 9 but fewer than 100 amino
acids, which peptide comprises [an] the amino acid sequence [selected from the group consisting
of] RMFPNAPYL (SEQ ID NO:l) [; a peptide comprising at least six consecutive amino acids
of SEQ ID NO:l, and variants thereof wherein the side chains of one or two to the amino acids
of SEQ ID NO:l are altered] , and wherein the peptide is capable of:

(a) binding to HLA-A0201; or

(b) being processed by an antigen presenting cell so that a fragment is produced
which is able to bind to HLA-A0201 .

Please cancel claim 4.

5. (Amended) A peptide according to claim [4] l_wherein the peptide is capable of
binding to HLA-A0201 and, when bound to HLA-A0201 i the peptide-bound HLA-A0201 is
capable of eliciting the production of a cytotoxic T lymphocyte (CTL) which recognises a cell
which aberrantly expresses a polypeptide comprising the given amino acid sequence.

Please cancel claim 6.

55095 lvl

2

ICI 101
078230/00017

U.S.S.N. 09/625,963
Filed: July 26, 2000

AMENDMENT AND RESPONSE TO OFFICE ACTION

7. (Three times Amended) A peptide according to claim 1 consisting of the amino
acid sequence RMFPNAPYL (SEQ ID NO:l).

19. (Three times Amended) A vaccine for a tumor cell in which HLA-A0201 is
expressed and WT-1 is over expressed, the vaccine comprising a peptide according to claim 1
[cancer in which WT-1 is aberrantly expressed comprising a peptide having at least 8 but fewer
than 100 amino acids, which peptide comprises an amino acid sequence selected from the group
consisting of RMFPNAPYL (SEQ ID NO:l); a peptide comprising at least six consecutive
amino acids of SEQ ID NO:l; and variants thereof wherein the side chains of one or two of the
amino acids of SEQ ID NO:l are altered].

Please cancel claim 43.

44. (Amended) The peptide of claim 1 consisting of from [8] 9 to 12 amino acids.
Please cancel claims 45-48.

Remarks

Claims 1, 5, 7, 15, 19 and 44 are pending. Claims 1, 5, 7, 19 and 44 have been amended.
Claims 4, 6, 43, 45 and 46-48 have been canceled. Claim 1 has been amended and combined
with claims 4 and 45 as previously pending. Claim 5 has been amended to provide proper
antecedent basis and to refer to "an HLA-A0201 -expressing cell" as the cell which an activated
CTL recognizes. Support for this amendment can be found, for example, at page 3, lines 1 1-15,
wherein the display of the peptide motif on the cell surface for CTL recognition, is dependent
upon that cell expressing HLA-A0201. Claim 19 has been amended to specify that the cancer is
HLA-A0201 positive and over expresses WT-1, as defined at page 3, lines 11-15 and page 9,

55095 lvl

3

ICI 101
078230/00017